Malaysia Case Law: Decisions & Judgments

Topic

Late payment charges

Legal area

Court

26 Feb 2026

COUNTRY GARDEN PACIFICVIEW SDN. BHD. LIMKOKWING UNIVERSITY OF CREATIVE TECHNOLOGY INTERNATIONAL SDN. BHD.

Citation

JA-22NCvC-175-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-175-12/2021 (Mahkamah Tinggi)

The SPA remained valid and enforceable; Clause 11 is permissive and not the exclusive remedy; the Plaintiff validly elected specific performance under Section 11(2) Specific Relief Act 1950; a defaulting purchaser cannot unilaterally terminate or rely on its own breach; specific performance was appropriate because Plaintiff had fully performed and damages were inadequate; Defendant must pay the balance and contractual late payment interest; Defendant's counterclaim dismissed.
9 Dec 2025

1. ) ONG PHAIK KOOI 2. ) LAW WEY ANN 1. ) TRIBUNAL PERUMAHAN DAN PENGURUSAN STRATA 2. ) AMBER COURT MANAGEMENT CORPORATION

Citation

WA-25-218-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-218-08/2023 (Mahkamah Tinggi)

The High Court upheld the Tribunal’s factual findings and legal conclusions: miscellaneous charges (insurance premium, quit rent, internal sanitary charges) were lawfully incurred and recoverable under the SMA and relevant contracts; maintenance and sinking fund rates were imposed and implemented on share unit basis as required by the SMA; the alleged duplicity with Suit 209 was unfounded because Suit 209 concerned water charges and did not permit set-off against statutory charges; late payment charges were permissible under s.60(3)(c). Therefore the Tribunal’s awards were not ultra vires, ir…
9 Dec 2025

1. ) ONG PHAIK KOOI 2. ) JOANN WEN LAW 1. ) TRIBUNAL PERUMAHAN DAN PENGURUSAN STRATA 2. ) AMBER COURT MANAGEMENT CORPORATION

Citation

WA-25-219-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-219-08/2023 (Mahkamah Tinggi)

The Tribunal's awards stand because under the Strata Management Act 2013 the management corporation was authorized to incur and recover the miscellaneous expenditures (insurance, quit rent, sanitary works) through the maintenance account, the charges were evidenced and approved pursuant to general meetings and applied on share unit basis, the earlier Suit 209 concerned different subject matter (water charges) and did not render the Tribunal claims duplicative, and late payment interest was lawfully imposed; accordingly no ground for judicial review (illegality or irrationality) was made out a…
30 Jul 2025

MAH CHIN BOOI Pentadbir Tanah Wilayah Persekutuan Kuala Lumpur

Citation

WA-15-1-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-15-1-01/2023 (Mahkamah Tinggi)

The court held the applicant is entitled to compensation for his flat plus his unit share of the common property when the whole scheduled land including common property is acquired; the appropriate valuation for the common property is to value the vacant land component by reference to nearest comparable with adjustments (as per assessors) and the court adopted the average of the government and private assessors' totals, resulting in additional compensation of RM 235,135.26; late payment charges at 5% p.a. from 27-09-2022 on that excess were ordered; deposit refunded; applicant to bear assesso…
20 Jan 2025

TEE KIM BOON Pentadbir Tanah dan Daerah PENCELAH WEST COAST EXPRESSWAY SDN. BHD.

Citation

BA-15-269-08/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-269-08/2018 (Mahkamah Tinggi)

Court accepted the assessors' reasoned valuations and common comparable adjustments and fixed market value at RM435 per sqm based on comparables (Lot 5135), disregarded WCE's undervalued figure, held severance did not arise because Portion A was included in acquisition, maintained 15% injurious affection but applied it to the increased market value, and ordered specified increased compensation and consequential payments.
31 Jul 2024

NOZIAH BINTI SULAIMAN 1. ) Pentadbir Tanah Jajahan Kota Bharu 2. ) PENGARAH TANAH DAN GALIAN NEGERI KELANTAN 3. ) Kerajaan Negeri Kelantan PIHAK KETIGA Perbadanan Menteri Besar Kelantan (PMBK)

Citation

DA-21NCvC-10-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

DA-21NCvC-10-12/2023 (Mahkamah Tinggi)

Plaintiff satisfied the requirements for summary judgment under Order 14; Defendants failed to raise any bona fide triable issue or produce evidence to rebut the claim that RM2,124,738.63 remained unpaid; accordingly court granted summary judgment for the Plaintiff for the amounts and reliefs claimed including late payment charges and interest.
20 Jun 2024

1. ) Lee Yew Seng 2. ) Lee Tiam Yew 3. ) Lee Yew Huo 4. ) Yap Ah Kin @ Yap Sui Kiew Pentadbir Tanah Wilayah Persekutuan Kuala Lumpur

Citation

W-01(NCvC)(A)-177-04/2023 (Mahkamah Rayuan)
Court

NCvC
Case number

W-01(NCvC)(A)-177-04/2023 (Mahkamah Rayuan)

Appeal dismissed and High Court decision affirmed: the 1976 acquisition was valid because s8(4) amendment (creating a two‑year lapse) is not retrospective and does not affect acquisitions before 1983; appellants could not rely on s29 because it was not pleaded and, in any event, delay in payment does not invalidate acquisition but gives rise to statutory late payment charges under s32; appellants failed to prove continuous quit rent payments giving legitimate expectation of ownership.
27 Jun 2022

SOUTHERN REALTY (MALAYA) SDN BHD 1. ) Pentadbir Tanah Pejabat Tanah dan Daerah Sepang 2. ) Kerajaan Malaysia 3. ) Kerajaan Negeri Selangor

Citation

BA-24-43-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24-43-10/2020 (Mahkamah Tinggi)

The court held that the plaintiff was entitled to a certificate under s.33 GPA for late payment charges because s.32 LAA gives an automatic right to late payment charges where compensation payment was delayed; partial payments did not negate the entitlement and the subsequent partial payment reduced but did not extinguish the claim, resulting in an award of RM151,836.80 together with costs and interest on costs. The court also held it had inherent jurisdiction and power under the Rules to grant ancillary orders to give effect to the consent order and to depart from strict application of funct…
12 Jan 2021

1. Amitabha Guha (sebagai wasi bagi harta pusaka Madhabendra Mohan Guha) 2. Parul Rani Paul Pentadbir Tanah Daerah Hulu Langat

Citation

01(f)-35-11/2019(B) (Mahkamah Persekutuan)
Court

f
Case number

01(f)-35-11/2019(B) (Mahkamah Persekutuan)

Questions on selection and weight of valuation comparables and injurious affection (Questions 1 and 3) were factual/compensation findings and non-appealable under LAA ss 40D and 49; for s32(1C) "taking possession" means physical possession (so late payment charges under s32 run from physical possession date); for s48 "took possession" means formal possession by the Land Administrator under s22 (so late payment on excess runs from Form K date); the 2016 amendments reducing rate to 5% are not to be applied retrospectively to deprive accrued substantive rights, so 8% applies to entitlements aris…